Apple Adds False Advertising Charge in Amazon “App Store” Lawsuit

Apple added more fuel to the fire in its lawsuit with Amazon over the retailing giant’s “Appstore” moniker and amended a lawsuit claiming that recent Kindle Fire ads misleadingly use the term. Whether or not the term “App Store” is an exclusive, trademarked term or a generic catch-all has been a point of contention for some months now between the two companies.

As part of Apple’s plan for world domination, the company wants exclusive rights to the term “app store.” Apple has taken particular offense to other companies using the term when referring to a place where Android apps are congregated. In March of this year, Apple filed a lawsuit against Amazon for using the term “Appstore for Android” when referring to its phone-based offerings.

The original complaint was filed because, according to Apple, use of the term could “confuse and mislead customers.” Apple’s lawyers were also concerned about it being used to solicit developers.

Yesterday, according to paidContent.org, Apple amended that suit. With the recent release of the Kindle Fire and its references to the “Amazon Appstore,” Apple has added a false advertising claim to the previously filed complaints about trademark infringement and unfair competition.

Many believe that Apple will have a tough time with these complaints. “App” is short for application and was named Word of the Year by the American Dialect Society in 2010. Even Steve Jobs was caught using “app store” in a generic fashion. And the Trademark Office has not yet granted the application for the term. But it will be for the courts to decide this one.